If not the best, trademark registration is certainly one of the best decisions one can make to protect their brand from unauthorized use and maintain its reputation in marketplace. If you are planning to register your brand with Trade Marks Registry, you probably know that you are taking a very important step towards securing your business identity and strengthening your brand's legal protection. However, there are a few things you must know before you begin to take the necessary steps to register your brand with the Registry.
These things include selecting a trademark of distinctive nature, conducting a trademark search, choosing correct trademark class and understanding registration process carefully. In this blog post, we shall discuss them all in detail.
Below, we have discussed some of the most important things that every applicant should know before filing a trademark application.:
One of the most important things to keep in mind while registering a trademark is choosing a trademark having a distinctive nature. A distinctive trademark is one that is unique and different from the already existing trademarks. Many people make the mistake of applying for a trademark that is oddly similar to a trademark that is already registered.
It is important to understand that trademark protection is not based only on spelling. Even if the spelling is different from another trademark, your trademark application can still face objections/refusal if it looks/sounds similar to an existing trademark and may confuse customers of registered TM owners.
Let’s understand this with the help of an example. Nykaa is a registered trademark. Therefore, names like Nycaa or Nyka may face objections/refusal because they look and sound similar to Nykaa, especially if they are used for same/similar goods/services and if you try to register them under same/similar class.
In the first point, we mentioned that you should select a distinctive trademark. However, there are thousands of trademarks already registered with the Trade Marks Registry. So, the question is, how can you make sure that your trademark is distinctive? For this purpose, you should conduct a trademark search.
A trademark search helps you find out whether a similar or identical trademark already exists. You can do the search yourself using online trademark search tools available. For this very purpose, there are both free and paid tools available. However, if you want a deeper and more detailed search, it is always better to avail assistance from trademark consultants.
At Registrationwala, we can help you conduct a comprehensive trademark search and make sure that your proposed trademark is distinctive and has a better chance of registration.
Many applicants make the mistake of filing their trademark application under the wrong class. Since there are a total of 45 trademark classes, selecting the correct one can be a bit challenging.
Filing under the wrong class may lead to objections, delays or other issues with TM application. If you are unsure about the appropriate class, seeking professional assistance from an experienced trademark expert can be pretty helpful for you.
Many people jump right into the trademark registration process without fully understanding how it works. A trademark application can be filed both online and offline. The government fee for online filing is generally lower than offline filing. In addition, if you take help from a professional consultant, you may have to pay professional fees to them as well. You must know that the trademark registration process is not something that happens overnight. It can take several months. This is the case even when everything goes smoothly. If the Trade Marks Registry raises an objection, the process may take even longer.
In such a case, it is important to file a reply within prescribed time. Even if no objection is raised and the case is that the trademark gets published in the Trademark Journal, third parties can file an opposition against the trademark. If an opposition is filed, it must be answered within prescribed time. Understanding the trademark registration process entirely can help you avoid confusion and ensure that you take necessary steps at the right time.
Before initiating trademark registration process, you must keep all the necessary documents ready in advance. During the process, you need to submit basic identity proof, business proof and a representation of your trademark to the Trade Marks Registry. By keeping these documents ready well in advance, you can file the application much more easily and avoid giving rise to unnecessary delays from your end.
Remember that if even one required document is missing, the entire process may get delayed. Since trademark registration itself can take several months, you should at least make sure that everything from your end is properly prepared and submitted.
After trademark registration, you get certain important rights as owner. It is important to be aware of all the rights you get. By being aware, you can make full use of your registered trademark. These rights include exclusive right as the owner to use trademark for registered goods/services, the right to take legal action against those infringing upon your trademark rights and right to authorize another party to use trademark through the means of trademark licensing as per terms and conditions mutually agreed upon.
A registered trademark owner also gets exclusive right to use ® symbol next to the brand name/logo. This symbol indicates that your TM is registered. In addition, the trademark owner can oppose/challenge conflicting trademark applications that may give rise to confusion in marketplace due to similarities in name, logo, appearance, pronunciation, etc.
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After going through this blog post, we hope you now have a better clarity regarding trademark registration and are now aware about some of the important things you should keep in mind before filing a trademark application. From selecting a distinctive trademark and conducting a trademark search to choosing the correct class, understanding the registration process, keeping documents ready and knowing your rights after registration, each step plays a quintessential role in the process.
With that being said, we totally understand that keeping track of all the said requirements can be a bit complicated, especially for applicants applying for trademarks for the first time. Fret not because that is exactly where we can help you. At Registrationwala, we can assist you throughout the entire trademark registration process and help make the journey a lot smoother for you.
Hi, I'm Sachin Chawla. I’m a commerce graduate from Agra University and a Chartered Accountant (2015) with DISA certification. I focus on helping businesses with formation, management, tax and FEMA matters, business licenses and regulatory compliance, IP advisory, risk management and auditing among others. Through my articles, I aim to share my expertise and provide practical guidance in these areas.
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